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Madras High CourtWP/25104/2015disposed of

M.Gopal, v. The Revenue Divisional Officer

2015-08-13Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25104 of 2015 M.Gopal ..

Petitioner Vs The Revenue Divisional Officer, Ponneri, Thiruvallur District.

..

Respondent Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the respondent to disburse the General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on private affairs to the petitioner.

For Petitioner ..

Mr.C.Prakasam For Respondent ..

Mr.V.Subbiah, Spl. Govt. Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner, while working as Village Administrative Officer at Athamanancherry Reddypalayam Village, Ponneri Taluk, Thiruvallur District, was arrested and remanded to judicial custody for the alleged commission of the offences punishable under the provisions of the Prevention of Corruption Act, 1988 and was placed under suspension on the ground that he has been arrested in that case. Though the petitioner has attained the age of superannuation on 28.02.2013, he was not allowed to retire and his services were retained beyond the age of superannuation. The petitioner has submitted a representation praying for disbursement of General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on private affairs and since it has not been given disposal, came forward to file this writ petition. 3.Mr.C.Prakasam, learned counsel appearing for the petitioner would contend that de hors the pendency of the criminal case in Spl.

C.C.No.5 of 2007 pending on the file of Special Court for Trial of Cases under the Prevention of Corruption Act/Chief Judicial Magistrate, Thiruvallur as well as the departmental proceedings, there cannot be any impediment on the part of the respondent to disburse the said benefits and also drawn the attention of this Court to the order dated 02.06.2015 made in W.P. No.15457 of 2015 and prays for similar relief.

4.Heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondent. 5.This Court in the above order made in W.P.No.15457 of 2015, has held as under:

"6.I am in agreement with the submissions made by the learned counsel for the petitioner. As rightly contended by the learned counsel for the petitioner, payment of Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs are concerned, the department cannot withhold the same, as those are the properties of the workman.

7.In view of the same, a direction is issued to the respondents to disburse Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs. As far as Special Provident Fund is concerned, the respondents are directed to refund the same, if there is any contribution made by the petitioner. If petitioner has contributed towards other terminal benefits, the extent to the contribution made by the petitioner shall also be paid. The respondents are directed to disburse the aforesaid amount, within a period of six weeks from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed." 6.Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances, directs the respondent to consider and dispose of the petitioner's representation dated 07.08.2015 on merits and in accordance with law, after taking note of the above cited order, and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.

7.The Special Court for Trial of Cases under the Prevention of Corruption Act/Chief Judicial Magistrate, Thiruvallur is also directed to accord priority and complete the trial and pronounce the

verdict in Spl. C.C.No.5 of 2007 as expeditiously as possible. Sd/- Asst.Registrar (CS V ) /true copy/ mmi Sub Asst. Registrar To 1.The Revenue Divisional Officer, Ponneri, Thiruvallur District.

2.The Special Court for Trial of Cases under the Prevention of Corruption Act/Chief Judicial Magistrate, Thiruvallur.

+1 CC M/s. C.Prakasam, Advocate, sr.42850 +1 cc to Govt.Pleader, sr.42767 W.P.No.25104 of 2015 rsi(co) kra(2/9)